The City of Dallas refused for months to release information about the potential impact of a new state law on local regulations.
The Texas Regulatory Consistency Act, referred to by critics as the “Death Star Bill,” was signed into law this year. It preempts rules set by municipalities that contradict state and federal regulations. The City of Dallas sent a letter to state Rep. Rafael Anchía (D-Dallas) that detailed more than 100 ordinances officials feared would violate the preemption law, The Dallas Morning News reported in August.
Two open records requests were filed to obtain this letter, but the City claimed the information was exempt under public information law. The Texas attorney general ruled on November 9 that the letter must be released, which the City responded to with a lawsuit in a Travis County district court. However, the letter was finally obtained by The Texan and published on Monday.
Council Member Tennell Atkins (District 8) wrote the letter Anchía, outlining the more than 100 ordinances that could be violating the law. Such ordinances run the gamut from minimum wage rules to insurance requirements for streetlight pole banners.
The Texas Regulatory Consistency Act was ruled unconstitutional in September by Travis County Judge Maya Guerra Gamble, who described it as a “power grab,” as previously reported by The Dallas Express. The judge did not issue an injunction, so it went into effect as litigation continues. But no lawsuits have yet to be filed against municipalities as a result of the law, The Texan noted.
Several business leaders who operate in the Dallas area said the preemption law protects them from overburdensome regulations, as reported by The Dallas Express. Some noted that without preemption, there could be inconsistencies in regulations that make it difficult for companies that offer services in different parts of the state.
“While cities can look like they’re trying to make things easier, it’s all a matter of making things consistent — it becomes really challenging when one community has this rule, and another has a different one,” Daniel Baldwin, vice president of technical services for Hawx Pest Control, previously told The Dallas Express.
“When you get down to the local level, the science component goes away, and it becomes more of a political issue,” Baldwin continued. “I think preemption helps everybody. It keeps us on the same playing field.”
Chris Lee, president and CEO of Earthworks Inc., said he “strongly supports” the law because it empowers proper regulatory agencies at the state and federal levels. Municipalities, he claimed, are far less qualified on the issue of consumer safety.
“Usually, if they do want to act on something, it’s anecdotal. It’s not based on the full research we have at the federal and state level,” Lee told The Dallas Express. “Municipalities do not have that level of expertise, counties do not have that level of expertise. They don’t have those scientists on staff.”